ARCHIVED - Telecom - Commission Letter - 8622-O2-02/02 - Joint application for aCommission decision to rescind Orders CRTC 2000-37, 2000-38 and 2001-82, oralternatively, not to enforce these Orders
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Ottawa, 25 February 2002
Our File: 4734-063 To: Distribution List Re: Joint application for a Commission decision to rescind Orders CRTC 2000-37, 2000-38 and 2001-82, or alternatively, not to enforce these Orders Dear Madam/Sir: The Commission has received a joint application, dated 22 February 2002 (received 25 February 2002), from Hurontario Telephones Limited (now known as Execulink Telecom Inc.) (herein, "Hurontario"), the Ontario Telecommunications Association (the OTA), La Compagnie de Téléphone de Warwick (Warwick), the Société des tarifs d'accès des télécommunicateurs (SATAT), Bell Canada, London Telecom Network Inc. (now Primus Telecommunications Canada Inc.) (herein, "Primus") and Distributel Communications Limited (Distributel) (collectively, the Applicants). The application stated that the Applicants had conditionally agreed to the key terms of settlement of the appeal in File No. A-467-01, in the Federal Court of Appeal. Accordingly, the Applicants requested that the Commission issue a decision stating that, in light of the agreement noted above, the Commission is rescinding Orders 2000-37, 2000-38 and 2001-82 (the Orders), or, in the alternative, it will not enforce any aspect of the Orders against Primus and Distributel. A copy of the application is attached; it includes key provisions of the agreement to settle the Court case and the circumstances surrounding that settlement. The application notes the conditional agreement to settle the appeal, the length of time that has passed since the dispute arose, that the circumstances that gave rise to the dispute appear to have changed fundamentally since then, and that the dispute arose as a result of complaints by Hurontario and Warwick, but these companies no longer wish to pursue the money that they had claimed. Further, it is to be noted that the contribution regime that applied when the Orders were issued has been replaced by a new one as a result of Changes to the contribution regime, Decision CRTC 2000-745, 30 November 2000, and subsequent decisions involving the Independent Telephone Companies (ITCs) in Québec and Ontario. In light of the above, it seems reasonable that the joint application be granted. The Applicants have requested expedited consideration of the application, and if possible a Commission decision by 12 April 2002. Every reasonable effort will be made to meet that date. The present letter is being addressed to the other ITCs in Québec and Ontario to which Regulatory Framework for the Independent Telephone Companies in Quebec and Ontario (Except Ontario Northland Transportation Commission, Québec-Téléphone and Télébec Ltée), Telecom Decision 96-6, 7 August 1996, applies-namely ITCs that are not members of the OTA or SATAT. Further, a copy of this letter is being sent to Telus Québec and Télébec Ltée. However, it does not appear that the Orders apply with respect to those two carriers. Should any ITC have any comment on the course of action proposed herein, it should serve on the parties making the application and file with the Commission such comments within 10 days of the date of this letter. Copies of such comments should be sent to Mr. Lorne Abugov, counsel for Hurontario and the OTA; Mr. Laurence Dunbar, counsel for Primus and Distributel; Mr. Jean-François Léger, counsel for Bell Canada; Mr. Luc Couture, representative for Warwick and Mr. Stephen Bray, representative for SATAT. Addresses for service are included in the Distribution List. Reply comments may be served on the parties making the comments and filed with the Commission within 5 days of receipt of comments from an ITC. Comments and reply comments, if any, are to be served and filed on the dates indicated, not merely mailed on such dates. Should you have any question in connection with this letter, do not hesitate to call Mr. Peter McCallum, CRTC Legal Counsel, at (819) 953-2197. Sincerely, ORIGINAL SIGNED BY
Shirley Soehn Encl. cc: Peter McCallum, Legal Counsel, CRTC PCDocs32315
Distribution List
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